Savannah morning news. [volume] (Savannah) 1868-1887, 1887-03-08
FAXES ON TRAVELLERS.
THE SUPREME COURT DE-
oLAREs THEM ILLEGAL.

- uifh Iuterstate Comm cree
,,,,,,datiop on Which the Decision
raad-The Case Carried up From
~,essee by Travelling Salesman,
w.eu,NGroN, March TN the United
s,o+as supreme Court to-day decision
wss wandered in the case OF Sabine ROD
h,rs nlsintiff in error, against the taxing
~, 80 dtstriOt of Shelby county, Tennes-
Ooo IN arror, to the Supreme Court OF
Ta1noeeae This case arises out or the
tolIowing state OF facts: Mr. ROBBINS
,rao ENGAGED in Memphis in soliciting
oraors for stationery for Clnclnnau
Arm and in exhibiting samples lor the
a,,r,osa Of etfecting sales, A State law,
anniicable only in this one taxing District.
700 in force subiecting drummers ana all
nersops not having a regular licensed
Lousa ot business In the district Offering
or selling goods by sample, to tax oil Slo
week or s25 month. Mr.. koboins,
who was unlicensed, was arresteo, tfieo,
convicted and 1ned' ana on sPpe"i 'N0
alignment was affirmed.
THE POINT AT ISSUE.
The case has been brought to this court
an a writ Of error, upon the ground tnaC
the law imposing the tax is repughant 10
mat clause OF the constitution Oh the
fTnited states which declares that Con-
CrasS shaII have power TO regulate COM
merce among the several States. The
nrjncinaI question involved Is as to the
ronstitutionality of the act which imposed
the tar. and it is in the opinion OF THIS
court a question of great importance TO
the neonle of the United States, Doth as
Regards their business interests ana
their constitutional rights. In long
and caretullyprepared opinion by Justice
BRADLEY. this court holds that the constl-
tuition gives to Congress power to regu-
late commerce among the states, ana
that the power is necessarily exclusive
whenever the subjects OF IL are natlonal
in their character, or admit only OF one
uniform system or plan or regulatlon.
REPUGNANT TO LIBERTY.
.. Where the power of Congress to reg
uate is exclusive, its failure 30 act indl-
Gates It's will that the subject shall be left
free from any restrictions or lmposltlons
4 and any regulations by the States, except
n in matters OF local concern only, and is
repuguant TO such freedom.
s. The only way in which commerce be-
tween the States can be legitimately af-
iected by State laws Is when, by virtue of
its police power and its jurisdiction over
persons and property within its limits,
state provides for security of lie, limb,
health, comfort and property, or
when 1t does those things which may in
cidentslly affect commerce, but in making
sueh internal regulations State cannot
impose taxes upon persons passing
through or coming in merely for a tempo
rary purpose, nor upon property imported
n # VI bnont1ag NJ ny hn NnTaAf1a
mass. and no discrimination can be made
by any such regulation adversely to the
persons or property Of other States, and
no regulation can tie made directly Affect
Ing interstate commerce.
ONE COUNTRY.
In the matter of interstate commerce
the United States are, In the opinion of
this court, but one country, and are and
must De subject to one system of regula-
llons, ana not to multitude of regula-
i tlOns, IL seems to be forgotten that the
people OF shls country are citizens OF the
" United States as well as of individual
states, and that they have some rights
uhder the constitution and laws Of the
lorlner independent of the latter, and
iree from any interference or restraint
from them. To deny State power to
isy Inc Tax or require the license in uues-
.i'n VIII not, the court believes, in any
peIcepuDle degree diminish it's resources.
Goods when brought into State In con.
sequence OF sale by drummer will ba
Iaoie 10 taxation, and as much will be
fore sale.
lAA oN INTERSTATE COMMERCE..
~ TAX sale OF goods under SUCH cir
oninic" "NoeS os oeiore a sale is, in the
aI,d I"n"n Vi lhe court, clearly tax on
ulelstaIe commerce itself, If the em
ployment of drummers ipiuriouslv affecta
.oCal de,iCongress may be appealed to
W make such regulations as the case
tb;S tb;! uemnahd, and Congress alone can do
cn,ouhe me confusion into which the
tbIoe tbroIue OF the country would be
lsnI.'d Dy Delng subjected to State
tbo oan on this subject would be,
tbo NV surt oourt says, but 4 repetition of
srlicioo CioolGer which prevailed under the old
Tho Snss VI cohlederation. The judgment of
yepsod od5pleme % Court of Tennessee Is re-
oboS;SNulu euu Ine plaintiff in error is ordered
BradIaS' .t ecu: u Ibe opinion is by Justice
and Crsy 'ae a'a Chiet Justice, Justices Field
fpers law 10 question is applicable TO drum.
frict V,oullhg into the Shelby county dis
FeII oa aom tu other parts of Tennessee. "a
Ieeve ~ W. Vuose from other States, and to
bp Tho '1e 9t latter from taxation imposed
kgainst tSr tSrnier @ would be discrimination
Ssr sin.ul lhe citizens OF State.
he Jmstisr Jiiiar decision was rendered-alI
Seorga' W GOncurrlng-in the case or
gai6st tho tho g. Corson, plaintiff in error.
hent Of the 3S@te CSMe Oh Maryland. The judg.
reyersoH Couft OF Appeals of that Stale
irections ,hn %Du Tue cause remanded, with
lscharged. 'ue Pi@intin in error be